[Federal Register Volume 71, Number 91 (Thursday, May 11, 2006)]
[Notices]
[Pages 27463-27465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7231]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-851-802, A-791-808)


Revocation of Antidumping Duty Orders: Certain Small Diameter 
Carbon and Alloy Seamless Standard, Line, and Pressure Pipe from the 
Czech Republic and South Africa

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 2, 2005, the Department of Commerce (the Department) 
initiated its sunset reviews of the antidumping duty orders on small 
diameter seamless standard, line, and pressure pipe (seamless pipe) 
from the Czech Republic, Japan, Romania and South Africa. See 
Initiation of Five-year (``Sunset'') Reviews, 70 FR 22632 (May 2, 
2005). Pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(the Act), the International Trade Commission (the Commission) in its 
sunset reviews determined that revocation of the orders on seamless 
pipe from the Czech Republic and South Africa would not be likely to 
lead to continuation or recurrence of material injury to an industry in 
the United States within a reasonably foreseeable time. See Carbon and 
Alloy Seamless Standard, Line, and Pressure Pipe From the Czech 
Republic, Japan, Mexico, Romania, and South Africa, 71 FR 24860 (April 
27, 2006). Therefore, pursuant to section 751(d)(2) of the Act and 19 
CFR 351.222(i)(1)(iii), the Department is revoking the antidumping duty 
orders on seamless pipe from the Czech Republic and South Africa.

EFFECTIVE DATE: June 26, 2005 for South Africa; August 14, 2005 for the 
Czech Republic.

FOR FURTHER INFORMATION CONTACT: Robert James, AD/CVD Operations Office 
7, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-0649.

SUPPLEMENTARY INFORMATION:

Scope of the Orders

    The products covered by the orders are seamless carbon and alloy 
(other than stainless) steel standard, line, and pressure pipes and 
redraw hollows produced, or equivalent, to the ASTM A-53, ASTM A-106, 
ASTM A-333, ASTM A-334, ASTM A-335, ASTM A-589, ASTM A-795, and the API 
5L specifications and meeting the physical parameters described below, 
regardless of application. The scope of the orders also includes all 
products used in standard, line, or pressure pipe applications and 
meeting the physical parameters described below, regardless of 
specification. Specifically included within the scope of the orders are 
seamless pipes and redraw hollows, less than or equal to 4.5 inches 
(114.3 mm) in outside diameter, regardless of wall-thickness, 
manufacturing process (hot finished or cold-drawn), end finish (plain 
end, beveled end, upset end, threaded, or threaded and coupled), or 
surface finish.
    The seamless pipes subject to the orders are currently classifiable 
under the subheadings 7304.10.10.20, 7304.10.50.20, 7304.31.30.00, 
7304.31.60.50, 7304.39.00.16, 7304.39.00.20, 7304.39.00.24, 
7304.39.00.28, 7304.39.00.32, 7304.51.50.05, 7304.51.50.60, 
7304.59.60.00, 7304.59.80.10, 7304.59.80.15, 7304.59.80.20, and 
7304.59.80.25 of the Harmonized Tariff Schedule of the United States 
(HTSUS).
    Specifications, Characteristics, and Uses: Seamless pressure pipes 
are intended for the conveyance of water, steam, petrochemicals, 
chemicals, oil products, natural gas and other liquids and gases in 
industrial piping systems. They may carry these substances at elevated 
pressures and temperatures and may be subject to the application of 
external heat. Seamless carbon steel pressure pipe meeting the ASTM A-
106 standard may be used in temperatures of up to 1000 degrees 
Fahrenheit, at various ASME code stress levels. Alloy pipes made to 
ASTM A-335 standard must be used if temperatures and stress levels 
exceed those allowed for ASTM A-106. Seamless pressure pipes sold in 
the United States are commonly produced to the ASTM A-106 standard.
    Seamless standard pipes are most commonly produced to the ASTM A-53 
specification and generally are not intended for high temperature 
service. They are intended for the low temperature and pressure 
conveyance of water, steam, natural gas, air and other liquids and 
gases in plumbing and heating systems, air conditioning units, 
automatic sprinkler systems, and other related uses. Standard pipes 
(depending on type and code) may carry liquids at elevated temperatures 
but must not exceed relevant ASME code requirements. If exceptionally 
low temperature uses or conditions are anticipated, standard pipe may 
be manufactured to ASTM A-333 or ASTM A-334 specifications.
    Seamless line pipes are intended for the conveyance of oil and 
natural gas or other fluids in pipe lines. Seamless line

[[Page 27464]]

pipes are produced to the API 5L specification.
    Seamless water well pipe (ASTM A-589) and seamless galvanized pipe 
for fire protection uses (ASTM A-795) are used for the conveyance of 
water.
    Seamless pipes are commonly produced and certified to meet ASTM A-
106, ASTM A-53, API 5L-B, and API 5L-X42 specifications. To avoid 
maintaining separate production runs and separate inventories, 
manufacturers typically triple or quadruple certify the pipes by 
meeting the metallurgical requirements and performing the required 
tests pursuant to the respective specifications. Since distributors 
sell the vast majority of this product, they can thereby maintain a 
single inventory to service all customers.
    The primary application of ASTM A-106 pressure pipes and triple or 
quadruple certified pipes is use in pressure piping systems by 
refineries, petrochemical plants, and chemical plants. Other 
applications are in power generation plants (electrical-fossil fuel or 
nuclear), and in some oil field uses (on shore and off shore) such as 
for separator lines, gathering lines and metering runs. A minor 
application of this product is for use as oil and gas distribution 
lines for commercial applications. These applications constitute the 
majority of the market for the subject seamless pipes. However, ASTM A-
106 pipes may be used in some boiler applications.
    Redraw hollows are any unfinished pipe or ``hollow profiles'' of 
carbon or alloy steel transformed by hot rolling or cold drawing/ 
hydrostatic testing or other methods to enable the material to be sold 
under ASTM A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-335, ASTM 
A-589, ASTM A-795, and API 5L specifications.
    The scope of the orders includes all seamless pipe meeting the 
physical parameters described above and produced to one of the 
specifications listed above, regardless of application, with the 
exception of the specific exclusions discussed below, and whether or 
not also certified to a non-covered specification. Standard, line, and 
pressure applications and the above-listed specifications are defining 
characteristics of the scope of the orders. Therefore, seamless pipes 
meeting the physical description above, but not produced to the ASTM A-
53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-335, ASTM A-589, ASTM A-
795, and API 5L specifications shall be covered if used in a standard, 
line, or pressure application, with the exception of the specific 
exclusions discussed below. For example, there are certain other ASTM 
specifications of pipe which, because of overlapping characteristics, 
could potentially be used in ASTM A-106 applications. These 
specifications generally include ASTM A-161, ASTM A-192, ASTM A-210, 
ASTM A-252, ASTM A-501, ASTM A-523, ASTM A-524, and ASTM A-618. When 
such pipes are used in a standard, line, or pressure pipe application, 
with the exception of the specific exclusions discussed below, such 
products are covered by the scope of the orders.
    Specifically excluded from the scope of the orders are boiler 
tubing and mechanical tubing, if such products are not produced to ASTM 
A-53, ASTM A-106, ASTM A-333, ASTM A-334, ASTM A-335, ASTM A-589, ASTM 
A-795, and API 5L specifications and are not used in standard, line, or 
pressure pipe applications. In addition, finished and unfinished oil 
country tubular goods (OCTG) are excluded from the scope of the orders, 
if covered by the scope of another antidumping duty order from the same 
country. If not covered by such an OCTG order, finished and unfinished 
OCTG are included in this scope when used in standard, line or pressure 
applications.
    With regard to the excluded products listed above, the Department 
will not instruct U.S. Customs and Border Protection (CBP) to require 
end-use certification until such time as petitioner or other interested 
parties provide to the Department a reasonable basis to believe or 
suspect that the products are being used in a covered application. If 
such information is provided, we will require end-use certification 
only for the product(s) (or specification(s)) for which evidence is 
provided that such products are being used in covered applications as 
described above. For example, if, based on evidence provided by 
petitioner, the Department finds a reasonable basis to believe or 
suspect that seamless pipe produced to the A-161 specification is being 
used in a standard, line or pressure application, we will require end-
use certifications for imports of that specification. Normally we will 
require only the importer of record to certify to the end use of the 
imported merchandise. If it later proves necessary for adequate 
implementation, we may also require producers who export such products 
to the United States to provide such certification on invoices 
accompanying shipments to the United States.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, our written description of the merchandise subject to 
this scope is dispositive.

Background

    On June 26, 2000, the Department published the antidumping duty 
orders on small-diameter (defined as less than or equal to 4 [bdfrac12] 
inches) seamless pipe from South Africa. See Notice of Antidumping Duty 
Orders: Certain Large Diameter Carbon and Alloy Seamless Standard, Line 
and Pressure Pipe from Japan; and Certain Small Diameter Carbon and 
Alloy Seamless Standard, Line and Pressure Pipe From Japan and the 
Republic of South Africa, 65 FR 39360 (June 26, 2000). On August 14, 
2000, the Department issued the antidumping duty order on seamless pipe 
from the Czech Republic. See Notice of Antidumping Duty Order: Certain 
Small-Diameter Carbon and Alloy Seamless Standard, Line, and Pressure 
Pipe from the Czech Republic, 65 FR 49539 (August 14, 2000).
    On May 2, 2005, the Department initiated, and the Commission 
instituted, sunset reviews of the antidumping duties orders on seamless 
pipe from the Czech Republic and South Africa. See Initiation of Five-
year (``Sunset'') Reviews, 70 FR 22632 (May 2, 2005). As a result of 
its review, the Department found that revocation of the antidumping 
duty orders would be likely to lead to continuation or recurrence of 
dumping, and notified the Commission of the magnitude of the margin 
likely to prevail were the orders to be revoked. See Carbon and Alloy 
Seamless Standard, Line, and Pressure Pipe (Under 4 [bdfrac12] inches) 
from the Czech Republic, Japan, Romania, and South Africa; Final 
Results of the Expedited Sunset Reviews of the Antidumping Duty Orders, 
70 FR 53151 (September 7, 2005). On April 6, 2006, the Commission 
determined, pursuant to section 751(c) of the Act, that revocation of 
the antidumping duty orders on seamless pipe from the Czech Republic 
and South Africa would not be likely to lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time. See Carbon and Alloy Seamless 
Standard, Line, and Pressure Pipe from the Czech Republic, Japan, 
Mexico, Romania, and South Africa, 71 FR 24860 (April 27, 2006) and 
USITC Publication 3850 (April 2006), entitled Carbon and Alloy Seamless 
Standard, Line, and Pressure Pipe from the Czech Republic, Japan, 
Mexico, Romania, and South Africa (Inv. Nos. 731-TA-846-850 (Review). 
As a result of the determination by the Commission that revocation of 
these orders is not likely to lead to continuation or recurrence of

[[Page 27465]]

material injury to an industry in the United States, the Department, 
pursuant to section 751(d) of the Act, is revoking the orders on small 
diameter seamless pipe from the Czech Republic and South Africa. 
Pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(2)(i), 
the effective date of revocation is June 26, 2005, for the antidumping 
duty order on South Africa, and August 14, 2005, for the antidumping 
duty order on the Czech Republic (i.e., the fifth anniversary of the 
date of publication in the Federal Register of the notices of the 
antidumping duty orders on the South Africa and the Czech Republic, 
respectively).
    The Department will notify CBP to discontinue suspension of 
liquidation and collection of cash deposits on entries of the subject 
merchandise entered or withdrawn from warehouse on or after June 26, 
2005, and August 14, 2005, the effective dates of revocation of the 
respective antidumping duty orders. The Department will complete any 
pending administrative reviews of these orders and will conduct 
administrative reviews of subject merchandise entered prior to the 
effective date of revocation in response to appropriately filed 
requests for review.
    These five-year sunset reviews and notice are in accordance with 
section 751(d)(2) of the Tariff Act and published pursuant to section 
777(i)(1) of the Tariff Act.

    Dated: May 5, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-7231 Filed 5-10-06; 8:45 am]
BILLING CODE 3510-DS-S